Court Apointed baliff

Tough_Times_2

Hey all,

I recieved a letter through my door the other day saying that a baliff from "Marston" had visited and will be returning to remove goods.

This was a small shock to me because i do have some debts with collections agency's but i have agreements with them and ihavent heard of marstons before.

I phoned the number and spoke to a very agressive lady who told me what it was for and that if i didnt pay it she would be back around to remove goods even if we are not home.

I have since looked into the debt and it is for me , it was for a car that i didnt change the details on but the original letters telling me it was going to court went to my old address. I have written to the fines officer at the court to try and get this sorted but i am rather concerned about the baliff!

I know normal baliffs arent allowed to break into a house but can a court appointed baliff let herself in??

Tixy

EDIT
Do you mean the debt was for a car you purchased or are you talking about a parking fine or something?

No they cannot force entry into your house.

Whatever you do, don't let them in (don't even open the door to them).
How long ago was the CCJ granted?
I suspect you will now have to deal with the baliff and come to an arrangement with them but in the first instance speaking to the court is a good idea.

Tough_Times_2

It was from a car i sold, i didnt have the V5 so i was supposed to organise changing ownership through the DVLA, i dont disagree with the fine at all!

I understand that court appointed baliffs for council tax can enter your house when your not there but i am not sure if they can for anything else...

Aparently the warent was issued december last year.

PNPSUKNET

no baliff can enter without first been allowed in or if a window is open / door. But once let in they can come back and break in

Tough_Times_2

Baliffs just been again, She had a warrent that said she COULD force entry to the property....
I offfered to pay her on 25th but she called the locksmith around so when he started on the door i opened it and managed to get a friend to pay over the phone!!
Cost me an extra £100 for having the locksmith there too!!

So baliffs canforce entry if the courts appoint them with that power!

RAS

please have a quick read here
www.bailiffadviceonline.co.uk

Given the severity of the situation it may be worth the 60p per minute to ring this advice line.

It is run someone who posts here as Herbie21 but who visits less often since getting abuse from some OPs.

fatbelly

You need specialist advice here on whether the bailiff has exceeded her powers.

The only situation in which a bailiff can force entry on a first visit is in connection with a criminal fine from the magistrates court. Even then the power is rarely used.

http://www.bailiffadviceonline.co.uk/magistrates_canthebailiff.htm

I'm not sure if that is what we've got here - sounds excessive. Herbie21 is the expert (that's her website)

myothercarisaferrari

I had trouble with bailiffs last year and got some brilliant advice.

Make sure you lock door and windows so they have no access. Some of them are nasty !!!!!! (one of them followed me one day and hassled me in the street - all for adebt o £157!)

RobertoMoir

Tough_Times wrote: »

Baliffs just been again, She had a warrent that said she COULD force entry to the property....
I offfered to pay her on 25th but she called the locksmith around so when he started on the door i opened it and managed to get a friend to pay over the phone!!
Cost me an extra £100 for having the locksmith there too!!

So baliffs canforce entry if the courts appoint them with that power!

impossible to say without seeing the warrant

The power isn't in the bailiff, but in the particular warrant they are enforcing that day.

I have a warrant for council tax (for example)? I can remove goods. I can't force entry to do so. I can't chose to arrest you there and then for non payment.

I have a warrant for your arrest for non payment of council tax? I can arrest you. I can't take goods instead.

I'm enforcing warrants for non-payment of certain types of fine? I can force entry and remove goods.

It's the warrant not the bailiff.
Trust me on that one.

So the question is what exactly were they there for?

Tough_Times_2

it was an unpaid DVLA fine that went to magistrates court.

immoral_angeluk

Then yes, as far as I'm aware they can force entry. Tread carefully. Roberto will no doubt clarify further.